Finally, I turn to Mr Koko’s allegation that I improperly interfered to procure his dismissal from Eskom in January 2018.
As I detail in my statement to the Commission, Eskom was in a severe crisis at the time.
Its domestic and international lenders were threatening to call on their loans, in part because of concerns about Eskom’s leadership and its reaction to allegations of corruption.
Eskom’s predicament threatened its very existence as a going concern, the country’s sovereign rating and the country’s ability to access much needed lines of credit.
An urgent meeting was held at the President’s official residence on 19 January 2018, attended by President Zuma, Ministers Brown and Gigaba, and myself.
The meeting resolved that urgent action was necessary to avert a national disaster, restore Eskom’s credibility, and instil confidence in Eskom.
This would require changes to Eskom’s Board and its leadership. The Board would further be directed to remove all Eskom Executives facing allegations of corruption and other acts of impropriety, including Mr Koko.
Mr Koko contends that his removal was an instance of unlawful interference in Eskom’s affairs, executive overreach and state capture.
The suggestion that government cannot lawfully intervene in Eskom’s affairs — even to avert a crisis — is incorrect.
Government is Eskom’s sole shareholder, and Eskom’s Memorandum of Incorporation states that: “The Shareholder may direct the Company to take any action specified by the Shareholder if the Company is… is in financial difficulty or is being mismanaged…”
The remedial measures thus fell substantively within the shareholders powers as contemplated in Eskom’s Memorandum of Incorporation.
The mere fact that Mr Koko was removed does not mean that his removal was intended to achieve corrupt ends or to somehow capture Eskom.
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Many people sacrificed their lives in the fight to end apartheid and bring us to the new Constitutional dispensation.
When we dishonour the Constitution, its principles and values, we dishonour them too.
Since state capture is an assault on the democratic process, it is necessary that the process of extricating the State from a position of ‘capture’ is inclusive, democratic and involves the broad range of interests in society.
This is addressed in part by the public nature of this Commission’s work.
But the hard work will begin after it has finalised its hearings and submitted its report.
The Commission has asked me to address several other matters, including allegations made by witnesses before the Commission. These are addressed in detail in the statement that I have submitted to the Commission.
There is one particular issue on which I wish to comment now since it has received widespread attention and is easily disposed of.
This relates to allegations made by Mr Brian Molefe and Mr Matshela Koko in relation to the stake that I held in the Optimum Mine prior to my entry into government and my later responsibilities with respect to the Eskom war room.
The National Anti-Corruption Strategy, which was developed together with representatives from business, trade unions, academia and civil society, was approved by Cabinet in November 2020.
The Health Sector Anti-Corruption Forum, which was launched in September 2019, is a critical element of our fight against corruption because the health sector is uniquely vulnerable to corruption.
Legislative changes have been made, and others are underway, to fight corruption and reduce the likelihood of a recurrence of state capture.
Government envisages a fundamental overhaul of the state-owned enterprises model that addresses not only the deficiencies that permitted widespread corruption, but that also enables these companies to effectively fulfil their social and economic mandates in a sustainable manner.
To this end, Cabinet has established the Presidential State-Owned Enterprises Council to reposition SOEs as effective instruments of economic development through stronger oversight and strategic management.
Government is working towards an SOE ownership model that clearly separates the responsibilities of ownership, policy development and regulation.
It has therefore been a priority – and remains an ongoing task – of this administration to rebuild and restore the integrity of these institutions.
I therefore decided that the appointment of the new National Director of Public Prosecutions should be undertaken through a public and transparent process.
This was the first time an NDPP was appointed in such a manner, which did much to restore the confidence of South Africans in the institution. We have established the Investigating Directorate in the office of the NDPP to work on high profile complex cases of corruption & fraud.
On the evening of 9 December 2015, former President Zuma announced the removal of Mr Nene and the appointment of Mr Van Rooyen.
This had an immediate impact on the financial markets. Shortly after Mr van Rooyen was sworn in, then Director-General of National Treasury, Mr Lungisa Fuzile, asked to meet me urgently.
He expressed grave concern, based on his interaction with the new Minister and his advisors, about the impact this development would have on the ability of National Treasury to properly exercise its functions.